Leaving the country after filing?

[smashachipotle 0]

Hi! I'm here on an 0-1 Visa which is valid until next June. I want to file my adjustment of status quickly so I can be sure to get the work/travel permits. On the other hand, I want to go to Peru in September with my wife.

 

Will leaving and entering the country after submitting my adjustment of status screw stuff up? Should I wait to file until after I get back? Or do I just remain with my 0-1 visa privileges until June, with adjustment of status stuff restrictions only applying then?

 

Thank you!

[beKai 3]

To my knowledge only L-1 and H-1 visas are dual intent visas, that allow the petitioner to travel outside the U.S.A after filing AOS. For all other visas you should not leave the country without your PD.

 

My lawyer also told me that I should not leave the country until my AOS is done. 

 

I would suggest either postponing your trip if you want your GC/EAD/PD as soon as possible or you file AOS after you return from your trip.

[smashachipotle 0]

Thanks! Do you think filing in October is reasonable if my deadline for getting the permits is May?

[Rocio0010 5,565]

3 hours ago, smashachipotle said:

Thanks! Do you think filing in October is reasonable if my deadline for getting the permits is May?

It really depends. You’re cutting it close. Before covid, EAD took somewhere between 3-6m. Now the time has doubled, so if you’re filing in October you might be getting it in June. 
Do you absolutely have to go in September? If not, I’d file the forms now and wait you get the EAD card to travel. If you file the forms but you leave the country before getting the card, your submission is deemed abandoned. You’d be back in square 1 and most importantly, unable to come back to the US.

[smashachipotle 0]

Intrest

39 minutes ago, ra0010 said:

It really depends. You’re cutting it close. Before covid, EAD took somewhere between 3-6m. Now the time has doubled, so if you’re filing in October you might be getting it in June. 
Do you absolutely have to go in September? If not, I’d file the forms now and wait you get the EAD card to travel. If you file the forms but you leave the country before getting the card, your submission is deemed abandoned. You’d be back in square 1 and most importantly, unable to come back to the US.

Interesting! So it's not the travel I'm worried about so much as the work. Like, if I file in October, but my 0-1 goes until June, but I don't get my work card until July, am I essentially not entitled to work during that in-between interval? Or does the status change mean that the rights of my current visa persist until such time as the case is decided?

[Rocio0010 5,565]

5 minutes ago, smashachipotle said:

Intrest

Interesting! So it's not the travel I'm worried about so much as the work. Like, if I file in October, but my 0-1 goes until June, but I don't get my work card until July, am I essentially not entitled to work during that in-between interval? Or does the status change mean that the rights of my current visa persist until such time as the case is decided?

I am not really familiar with 0-1 visas, but what I do know is that for most visas, you’re not allowed to work once the visa expires and until you get the work permit. If your visa expires, so it’s rights.

[Timona 3,941]

15 hours ago, ra0010 said:

It really depends. You’re cutting it close. Before covid, EAD took somewhere between 3-6m. Now the time has doubled, so if you’re filing in October you might be getting it in June. 
Do you absolutely have to go in September? If not, I’d file the forms now and wait you get the EAD card to travel. If you file the forms but you leave the country before getting the card, your submission is deemed abandoned. You’d be back in square 1 and most importantly, unable to come back to the US.

 

EAD is for work, not travel. AP is for travel. 

[Timona 3,941]

19 hours ago, beKai said:

To my knowledge only L-1 and H-1 visas are dual intent visas, that allow the petitioner to travel outside the U.S.A after filing AOS. For all other visas you should not leave the country without your PD.

 

My lawyer also told me that I should not leave the country until my AOS is done. 

 

I would suggest either postponing your trip if you want your GC/EAD/PD as soon as possible or you file AOS after you return from your trip.

 

Your lawyer is wrong. You can leave and travel outside US before completion of your AOS if you filed for AP. Do you have AP?

[Rocio0010 5,565]

3 hours ago, Timona said:

 

EAD is for work, not travel. AP is for travel. 

I stand corrected❤️